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RESOLUTION NO. 2006-269
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN
BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR DELIVERY OF MEALS
AND SNACKS TO DELMANN HEIGHTS COMMUNITY CENTER HEAD START
PROGRAM.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby authorized
and directed to execute on behalf of said City an Agreement with the San Bernardino City
Unified School District, relating to the delivery of Type A Meals and Snacks to City's Dehnann
Heights Community Center Head Start Program, for the term of one year and to provide the
student family style lunches at two dollars and forty-five cents ($2.45) each, the snacks at
seventy cents ($0.70) each, and the student breakfasts at one dollar and forty-five cents ($1.45)
each, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by
reference as fully as though set forth at length.
SECTION 2. The authorization granted hereunder shall expire and be void and of no
further effect if the agreement is not executed by both parties and returned to the office of the
City Clerk within sixty (60) days following the effective date ofthe resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN
BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR DELIVERY OF MEALS
AND SNACKS TO DELMANN HEIGHTS COMMUNITY CENTER HEAD START
PROGRAM.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a joint regular
Meeting,
thereof, held on the 24 th
wit:
day of
July
, 2006, by the following vote to
COUNCIL MEMBERS AYES
ESTRADA x
BAXTER X
MC GlNNIS x
DERRY x
KELLEY X
JOHNSON X
MC CAMMACK X
NAYS
ABSTAIN ABSENT
~~G~ar~rk
~
The foregoing resolution is hereby approved this &.-1 day of Jul y , 2006.
Approved as to Form:
c/~
Special Cou el
2006-269
EXHIBIT " AU
SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT
777 North "F" Street
San Bernardino, California 92410
FOOD SERVICE AGREEMENT
(Fiscal Year/Non-Reimbursement)
THIS AGREEMENT is made and entered into this 1st day of Julv. 2006. by and between the SAN
BERNARDINO CITY UNIFIED SCHOOL DISTRICT, hereinafter referred to as the
"DISTRICT," and the CITY OF SAN BERNARDINO - Parks, Recreation, & Community
Services Department-Delmann Heights Headstart Center, hereinafter referred to as the
"CITY."
RE C IT ALS:
WHEREAS, the CITY desires to have Type A meals provided; and,
WHEREAS, the DISTRICT has facilities for the preparation of the needed meals, and the
DISTRICT is willing to provide such service to the CITY on a cost basis;
NOW, THEREFORE, the DISTRICT and the CITY mutually agree as follows:
I. Al!:reement Term
The term of this Agreement shall be from Julv 1. 2006, through June 30. 2007,
inclusive, but may be canceled by either party upon the giving of thirty (30) days
written notice to the other party. This Agreement may be extended by mutual written
consent one fiscal year at a time up to a total of three (3) years, subject to the terms
and conditions agreed upon by both parties by June 30th of each year. Written notice
of changes to terms and conditions may include, but are not limited to, price,
location(s) and number of meals served.
II. Other Terms
A. Each meal shall comply with Type "A" requirements, set by the United States
Department of Agriculture for the National Student Lunch Program for
students' nutritional needs. The contents of the menus shall contain such
items as are necessary to meet these requirements.
B. Meals provided under this agreement shall include: milk, straws, utensils,
napkins, and trays.
C. A lunch shall be prepared for the CITY location as specified below:
)> Delmann Heights Community Center Head Start Program
ADDRESS: 2969 N. Flores Street, San Bernardino CA 92407
Meal/Snack start time(s): 1/ 8:00a.m. & II :OOa.m. 2/ 12:30P.M.
& 3:30p.m.
2006-269
D. If a meal is lacking a component, the CITY shall immediately notify the
DISTRICT. At its discretion, the DISTRICT may either deliver the missing
component, or there shall be no charge for the incomplete meal. No charge
shall be made for meals that are unwholesome according to the standards set
by the Public Health Department of the County of San Bernardino.
E. All notices, invoices, payments, and other correspondence may be given by
United States mail to the following addresses:
CITY DISTRICT
City of San Bernardino San Bernardino City
Parks, Recreation & Community Services Dept. Unified School
Attn: Aaliyah Harkley, Sf. Rec. Supv., District
Delmann Heights Community Center Nutrition Services
Head Start Program Department
547 North Sierra Way 1257 Northpark Blvd.
San Bernardino, CA 92410-4816 San Bernardino, CA
Phone: 909.384.5233 92407
FAX: 909.384.5160 Phone: 909.881.8000
FAX: 909.881.8016
III. Payment
A. The cost per lunch to the CITY is as follows:
o Student breakfast = $1.45 each
o Student family style lunch= $2.45 each
o Student snack = $.70 each
o Said rate( s) may be subject to a proportionate increase in the event of
a reduction in Federal reimbursement and/or subsidies, if applicable.
o Minimum Requirement: Twenty (20) meals for delivery. One daily
delivery will consist of lunch for the day and a cold breakfast to be
served the next day, if applicable.
IV. District Responsibilities
A. The DISTRICT will prepare and deliver meal components, including frozen
products as required by menu, at or before the lunch hour each operational
day when children are present at the CITY, in accordance with the number of
meals requested for that day.
B. The District agrees to make every effort to deliver meals at the time specified.
In the event of mechanical breakdown, act of God, emergency, or other
situation which may delay delivery, the District shall notify the CITY of the
delay as soon as possible, and shall advise of estimated delivery time. No
charge shall be made for meals which are delivered more than two (2) hours
after the normal delivery time.
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2006-269
C. The DISTRICT will be responsible for the temperature and quality of the
lunches until the time of delivery. Perishable meal components requiring
refrigeration will be refrigerated up to the time of delivery. The DISTRICT
will provide a thermometer and advise of the correct temperature level that
meal components must be heated to for the meal components that require
heating. (Note: The DISTRICT is not responsible for replacement
thermometer(s) or cleaning supplies.) The DISTRICT will also provide
serving scoops and instruction for proper serving size.
D. If applicable, the DISTRICT agrees to pick up any carts and/or containers on
the operational day after the operational day of delivery.
E. The DISTRICT will mail the CITY an itemized invoice on or before the 25th
day of each month for the previous month's deliveries.
F. If applicable, the DISTRICT assumes all liability for proper use and
protection of surplus commodities that may be assigned to it by the CITY.
G. The DISTRICT agrees to provide the CITY with monthly menus, one week
prior to the beginning of the period covered by said menu. Menus are also
available for viewing at our website: www.sbcusd.com
H. The DISTRICT will maintain all necessary records on the nutritional
components of the lunches and the number of lunches delivered to the CITY
and make said records available for inspection by State and Federal
authorities upon request.
V. CITY Responsibilities
A. The CITY understands they are to request by telephone, no later than 2:00
p.m. on the operational day preceding the operational day of delivery, an
accurate number of meals to be delivered. The District shall use the last count
received in the event the CITY fails to notify the District in a timely manner
the number of meals needed. Errors in count called in shall be the
responsibility of the CITY.
B. The CITY ensures that an individual is available at the CITY from 8:00 a.m.
and 11 :00 a.m. each operational day to receive the requested number of
lunches.
C. The CITY is to provide personnel to serve meals, clean the serving and eating
areas, remove all food from carts, carrying cases, pans and/or boxes, and
assemble empty items for pick up by the DISTRICT between 8:00 a.m. and
11 :00 a.m. on the operational day following the operational day of delivery.
The CITY shall pay the cost of necessary repair of replacement of any
DISTRICT items damaged or lost as a result of use by the CITY.
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2006-269
D. The CITY will provide an annual calendar of its operational days and
holidays/non-operational days to the DISTRICT in advance of any deliveries
made under this Agreement. The CITY shall also advise the DISTRICT by
telephone at least three (3) operational days in advance of any non-
operational day, to assure that lunches are not delivered on non-operational
days.
E. If applicable, the CITY shall establish collection procedures which are in
accordance with State and Federal regulations relating to the overt
identification of needy pupils and keep accurate records of the number of
free, reduced price, paid, and adult lunches served daily.
F. If applicable, the CITY will assign to the DISTRICT all commodities for
which the CITY may be entitled and the liability for use of such commodities.
G. The CITY agrees to pay the DISTRICT, within 30 days from date of invoice,
the full amount as presented on the monthly itemized invoice. The
COMPANY NAME will be subject to a penalty fee of$25.00 per month for
each month an invoice is not paid on time.
H. The CITY shall serve the correct portion size following receipt of meals, heat
specified meal components to temperature indicated, as applicable, and bear
the sole responsibility to properly care for all perishable food items after they
have been delivered to the delivery site by the DISTRICT until the time of
ultimate consumption.
I. The CITY shall bear the cost of any losses resulting from theft or improper
storage once the food or lunches are received or delivered to authorized CITY
personnel; the CITY assumes the responsibility to dispose of such and return
no food items. If the CITY has ordered more food than it is able to consume,
it shall not be entitled to any credit on said items from future food orders.
J. If applicable, the CITY will prepare all claims for reimbursement under its
own agreement number, receive and approve all free and reduced price meal
applications, and maintain all necessary records to substantiate the above
items.
VI. Hold Harmless
The CITY hereby agrees to indemnify, defend, and hold harmless the DISTRICT and
its departments, agents, officers, and employees from any and all claims or sums
which the DISTRICT or any of its departments, agents, officers, or employees may
be obligated to pay by reason of any liability of any kind imposed upon them,
including damages to property or injury or death of persons, arising out of the
performance of the services rendered by the DISTRICT or caused by any error,
omission, or act of the DISTRICT or of any person employed by the DISTRICT or
of any others for whose acts the DISTRICT is legally liable. Said sums shall include,
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2006-269
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in the event of legal action, court costs, expenses of litigation, and reasonable
attorney's fees. . Said indemnification shall include, but not be limited to, any liability
resulting from defective or spoiled food once the food has been delivered to the CITY
and any injury to CITY personnel in or about the premises of either the DISTRICT
or the CITY.
VII. Special Provisions
The CITY certifies it will not discriminate, as hereby certified, on the basis of race,
color, national origin, ancestry, sex (including sexual harassment), marital status,
handicap, disability, medical condition, religion, or age in any of its policies,
procedures, or practices in compliance with:
o Title VI and VII of the Civil Rights Act of 1964. as amended
(pertaining to race, color, national origin, and religion);
o Title IX ofthe Education Amendments of 1972
(pertaining to sex);
o Section 504 of the Rehabilitation Act of 1973
(pertaining to handicap);
o The Age Discrimination Act of 1975
(pertaining to age);
o The Fair Emplovment and Housing Act of 1980
(pertaining to ancestry, race, national origin, color, sex,
religion, physical handicap, medical condition, marital status,
and age); and
o The Americans with Disabilities Act of 1990
(pertaining to disability)
This non-discrimination policy covers admission and access to, and treatment and
employment in, the DISTRICT's programs and activities.
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2006-269
SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT
777 North "F" Street
San Bernardino, California 92410
FOOD SERVICE AGREEMENT
(Fiscal Year/Non-Reimbursement)
IN WITNESS WHEREOF, the parties have execut\fl this Agreement as set forth below.
CITY
N BERNARDINO CITY UNIFIED
HO L DISTRICT
pOo;
Mayor
City of San Bernardino
Date: -i-h- 116f,
I
HAMMAD Z. ISLAM
Assistant Superintendent,
Business and Finance
Date: E- 1'-0~
Approved as to Form:
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Special Co s
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